Category: Regulatory

crossbow dangers

The Truth About The Dangers Of Crossbows: Your Questions Answered

In this article, we explore the misconceptions around crossbows and highlight the very real dangers they pose. This follows the recent inquest into the death of Shane Gilmer who was “unlawfully killed” by a crossbow. Together with Shane’s partner, Laura Sugden, we are supporting a campaign to call for stricter laws governing the purchase/acquisition/possession of…

Shotgun Solicitors

Shotgun and Firearms Licensing Case Update 2021

Ison Harrison Solicitors are specialists in firearm and shotgun licensing appeals. This article focusses some of the cases we dealt with recently. We have chosen to include two successful appeals and two which were dismissed. We hope the summaries are useful that they highlight some common issues in shotgun and firearm licensing cases. Case 1…

The murky world of Unexplained Wealth Orders- and why legal advice is critical: Part One

Of the tools developed to assist investigators in recovering supposedly ill-gotten gains, the Unexplained Wealth Order (UWO) are a favourite of the press as they allow salacious reports of cases involving eye-watering sums of money. Here, we look at what UWOs are and what is needed before the authorities can try to secure them. What…

Rave Off? The Impact of the New Coronavirus Rules

In 1994, parties across the country were criminalised by the passing of the Criminal Justice Act. The hugely controversial Act was a response to the government’s displeasure at rave culture and all that it entailed, not least the raves themselves (sections 63 to 66 are entitled ‘powers in relation to raves.) Where s.63 applies to…

To Confiscate or Not to Confiscate? Proceeds of Crime in CV Fraud Cases

An eye catching case recently came before the Court of Appeal. The main facts are interesting enough on their own, but those involved in confiscation cases  will find it especially noteworthy. In the wake of a Supreme Court case called Waya, changes were made to the Proceeds of Crime Act. A key amendment was made…

Furlough and Fraud – A Perfect Storm?

The government’s Covid019 Job Retention Scheme went live on 20 April, enabling employers to make claims of up-to £2,500 per month, per employee, until at least the 30th of June. HMRC have already expressed concerns that the scheme will be targetted by orgainised criminals looking to profit illegally from payments on offer. A spokesperson was…

lockdown law

Lockdown Law: A Practical Overview

Three weeks in and a fast-tracked set of laws are upon us all. Although the issue is a public health one, the new legislation imposes rules and restrictions on behaviour- with the scope for penalties if we do not conform. The key legislation is the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Here, we present…

Horses Stable

Running a Livery Yard: Do’s and Don’ts from a Legal Perspective

Do make it clear to owners/keepers that you are legally obliged to act on any welfare concerns if they are not taking appropriate steps to address them. As a livery yard proprietor, a horse spends more time with you than with anyone else, and you can be the subject of a prosecution in relation to…

Cats and Dogs

Recent Cases in Animal Welfare

Two recent cases have brought attention to the law on animal welfare. As is so often the case, the facts may be somewhat novel but the underlying points are of broader interest. An unusual case A woman from Birmingham was sentenced on 23 January after being found guilty of four animal welfare offences. Louise Lawford…

Dangerous Dogs

When Is A Dog Deemed Dangerous?

Dangerous Dogs In Recent Media Very sadly, recent media reports have detailed a shocking case in which a woman from Widnes died having been attacked by two dogs. Those keeping dogs may not feel that they need to pay attention to the law in this area, but an awareness of it can go hand in…

TV Licensing

Get With The Programme: TV Licensing

The Prime Minister has mused recently about whether or not to scrap the TV Licence. Though it may be a gripe paying for a licence, what does the law actually provide for if you don’t? Ison Harrison takes a closer look. Action is taken against some 180,000 people a year for not holding a TV…

Metal Detector Finding Gold

Fools’ Gold: Treasure Hunters Convicted After Trial

In a recent article, Ison Harrison looked at a somewhat obscure but interesting area of the law: how it applies to treasure, and the finding of it. A current case has highlighted the area once again, offering a stark example of the worst-case scenario. In June 2015, George Powell and Layton Davies uncovered a massive…

Motorcycle accidents

Successful Result in Fatal Driving Prosecution

Ison Harrison spent the week defending a man charged with causing death by dangerous driving at York Crown Court. Following a four day trial the jury returned a unanimous verdict of not guilty. It was an excellent result in a particularly difficult and tragic case involving two close friends who were involved in a motorbike accident…

Dangerous Dogs

Dangerous Dogs: A Reminder of the Law

Dangerous Dogs: A Reminder of the Law Very sadly, recent media reports have detailed a shocking case in which a woman from Widnes died having been attacked by two dogs. Those keeping dogs may not feel that they need to pay attention to the law in this area, but an awareness of it can go…

Archeology

Finders Keepers? What Happens When Treasure Is Found

It isn’t often that you see reports of a treasure find, and even rarer that you get more than one in a relatively short space of time. In the latest case, the Church of Scotland is bringing proceedings in relation to a hoard found on its land in 2014. Unlike in the rest of the…

Empty courthouse with legal scales

Road Transport Operator Regulations and Public Enquiries

Key in this area is The Road Transport Operator Regulations 2011. These impose stringent requirements upon business in the sector, and understanding how they work is vital. Failure to adhere to the Regulations can place licences in jeopardy. The Regulations, which gave effect to EU legislation passed in 2009, create obligations both for the company…

Safety Procedures

In Hot Water: Sentencing Companies for Health and Safety offences

The science of sentencing in health and safety cases involving companies came under the microscope recently at the Court of Appeal. Thames Water had been fined in the sum of £2,000,000 following a case at Reading Crown Court in which it had pleaded guilty to an offence relating to the discharge of untreated sewage (an…

Neon Taxi Sign

Success for Regulatory department in Taxi Licensing case

Ison Harrison recently assisted a client with their successful application for a Private Hire Licence. On occasion, a licensing authority will ask an applicant to explain certain matters such as entries on a DBS check. In this case, Leeds City Council had asked for a clarification of past events that related to offences recorded on…

Indian takeaway

Court of Appeal Overturns Manslaughter Conviction in Takeaway Case

In October 2018, Mohammed Kuddus, the sole director of Royal Spice, a takeaway in Lancashire, was convicted of gross negligence manslaughter following the death of a customer, 15 year old Megan Lee. When placing their online order, Ms Lee’s friend included the words ‘nuts, prawns’ in the ‘notes’ section. At the time, the order was…

Spilt milkshake

Milkshaking Protestors: How Does The Law Apply To Headlines?

It seems that at the moment, the protest method of choice is to throw a milkshake at a political figure. First there were two occasions in which former EDL leader (and now independent MEP candidate) Tommy Robinson had the drink thrown over him, now we’ve seen one hit Brexit Party head Nigel Farage whilst on…

Upskirting

Upskirting: New Law Comes into Force

The Voyeurism (Offences) Act 2019 makes ‘Upskirting’ illegal A new law comes into force today, which criminalises the offence of ‘upskirting.’ The Act has its direct origins in campaigning by Gina Martin, and an experience she underwent whilst at a music festival in Hyde Park. Ms Martin became aware that two men near to her…

Football player

Stringing a Sentence Together: How a Defendant is Punished in Practice

In the space of a week, Paul Mitchell went from being an ordinary football spectator to Birmingham City’s most notorious fan. He invaded the pitch on Sunday, landing a blow to the back of the head of Aston Villa player Jack Grealish. His actions have brought him a prison sentence of 14 weeks- but where…

Blurred emergency lights

Contempt of Court and Social Media: What are the Issues in the Tommy Robinson case?

Now that the Attorney General has decided Tommy Robinson ought to have a fresh hearing in relation to contempt of court allegations, the spotlight has been thrown on what the doctrine means- and of course what might be next for Mr Robinson. What is Contempt of Court? Put simply, it occurs when there is an…

Reading papers

Criminal Law Failing To Keep Up With Digital World: The Scoping Report

According to the Office for National Statistics, in today’s technological world, 96% of people between ages 16 to 24 use social media, with the figure being 66% for those over 25. The Law Commission have released a report which says that the law regarding online communications is incoherent and fails to protect victims of online…

Human Trafficking

UN Report Details Trafficking Convictions Fall 25%

UN report details trafficking convictions fall 25% over the past five years, despite the rising number of victims A report by the UN has found convictions for human trafficking in Europe has fallen by a quarter, despite an increase in the number of victims. The report found 742 people in Europe were convicted in 2016…

Success stairs

Case Study: Proceeds of Crime Act

A superb result in a complex Proceeds of Crime Act case has been secured by Ison Harrison and Complex Crime team. The case saw the Prosecution initially try to recover an amount in excess of £400,000 but concede that no monies should be paid- all as a result of the arguments Ison Harrison put forward….

Courtroom Gavel

Leading Barrister Nigel Edwards appointed as Queens Counsel

Ison Harrison are delighted to announce that Nigel Edwards has been appointed as Queens Counsel. The announcement was made yesterday the firm wish to congratulate Mr Edwards (QC) and wish him all the very best for the future. A leading light of the Leeds legal scene Nigel is a member of St Pauls Chambers and has…

Slot fruit machines

Underage Gambling & Advertising Regulations

9/10 Pubs Fail to Stop Children Using Gambling Machines The Gambling Commission states that approximately 9 out of 10 pubs across England failed to stop children gambling in their premises. The regulators conducted tests on 61 pubs across England, finding that 89% didn’t prevent under agers from using 18+ gaming machines. According to the study,…

Legal Advice

Deferred Prosecution Agreements: Timely Warnings or Delaying the Inevitable?

The principle that a company can be subject to criminal sanctions is now well and truly established in our legal system. Often, a case of corporate manslaughter will capture headlines, with column inches being given over to the examination of a company’s conduct in court. Increasingly, companies are coming under close scrutiny in relation to…

Workers Yellow Hard Hat

How Health and Safety Compliance Can Help Businesses

Laws relating to health and safety provide a legal duty for businesses to protect the health, safety and welfare of all employees- as well as any others who may be affected. Here, we offer an overview of the most common accidents and the regulations which aim to prevent them. Having good health and safety practices…

Legal Advice

What are the Regulatory Aspects of Advertising?

Laws are in place to protect consumers from false advertisements. False advertising is the use of misleading, false, or unproven information to advertise products to consumers. All marketing and advertising must adhere to regulations set out in UK law, as well as advertising codes of practice.  If information about customers or potential customers is stored,…

Human Trafficking

The Modern Slavery Act 2015 Offences and Sentencing

The Modern Slavery Act 2015 Offences and Sentencing The Modern Slavery Act 2015 consolidates and simplifies existing offences into a singular act of modern slavery.  This ensures that perpetrators receive suitable punishment. The act also requires businesses over a certain size to disclose actions made to ensure modern slavery is not underway in their business…

Cats and Dogs

Animal Welfare Law: Developments in 2018

The law relating to the welfare of animals is not usually a hotbed of innovation, but developments are on the horizon. Here, Ison Harrison provides an outline of what’s new. Sentencing Powers Increase Maximum sentences in cases involving animal cruelty have increased as a result of legislation led by Environment Secretary Michael Gove. Those found…

Cricket batsman hitting ball

Not Out: England Cricketers Now Facing Professional Misconduct Proceedings

Ben Stokes and Alex Hales are in the spotlight once more- but again, not in relation to their cricketing prowess. Instead, professional misconduct proceedings have been brought following the recent criminal trial. The controversy surrounding the case is well documented, and the grainy CCTV footage has been circulated widely. In summary: Stokes was found not…

Tax and coins

Calls to HMRC’s Tax Evasion Hotline double

On average, 250 people call HMRC’s Tax Evasion Hotline every day. The hotline, set up in 2006, has attracted widespread public attention. A Freedom of Information request has shown that 40,695 people called the hotline in 2017/2018- more than double the number of reports handled during the previous year. It is estimated that in the…

Legal scales

Royal Mail Breaches Competition Law, Fined £50m By UK Communications Regulators Ofcom

The investigation initially followed a complaint made by Whistl (previously known as TNT) in 2014. Whistl intended to enter the wholesale mail delivery market, and stated that Royal Mail had abused its dominant market position. A £50m fine was issued to Royal Mail by the regulator, for breaches of competition law and discrimination against its…

Online Justice

Cybercrime Set To Double By 2020

With the rise of the internet, organised crime has quickly taken advantage of opportunities online. Cybercrime targets individuals, businesses of all sizes and corporate networks. The ranges of personal criminal offences encompass the harvesting of data (phishing), identity theft, hacking, financial crime and the distribution of indecent and extreme material. For businesses, hacking and Distributed…

Online Pharmacy Doctor-4-U Sells Opioids to False Repetitive Buyers, Fuelling Addicts Through Legal Loopholes

A number of online pharmacies have no alert systems to identify fake profiles made by someone making multiple repeated prescription orders to the same address. This means that addicts are seeking new alternatives to enable drug usage; people are taking advantage of this loophole- ordering hundreds of pills a month. Customers are able to make…

Human Trafficking

World Day Against Human Trafficking – 30th July 2018

World Day Against Human Trafficking is an annual event held today, 30th July. People trafficking and modern day slavery is a worldwide issue, with few countries immune. The event held by the United Nations aims to continue to raise awareness and increase prevention. In correspondence to this, West Yorkshire Police and National Crime Commissioner Mark Burns-Williamson has spoken…

Female horse riding

Stable Businesses: Licensing for Riding Schools

Sometimes a lifelong passion turns into a career, which usually tends to be the case for those deciding to teach others to ride. Offering tuition for any sport involves rules and regulations, and horse riding is no different. Here, we offer an outline of the key points to have in mind. Is there a legal…

Neon Taxi Sign

Taxi Licensing: What is Plying for Hire?

In the UK, there are two types of taxi: Private Hire and Hackney Carriages. Hackney drivers can pick up fares by being flagged down in the street or approached at taxi ranks. However, it is illegal for Private Hire drivers to pick up passengers from the street or from a taxi rank. Private Hire fares…

What are Confiscation Proceedings and how do they Work?

What are Confiscation Proceedings and how do they Work?

In criminal cases, the conclusion of the trial is not always the end of the matter. For many offences Confiscation proceedings will follow and here, Ison Harrison looks at how such proceedings work in practice. What are Confiscation proceedings? Confiscation proceedings are heard in the Crown Court after a person has been convicted of a…

Environmental Waste

Environment Agency Prosecutes Yorkshire-based Company

The Environment Agency may not immediately spring to mind as a proactive government department in terms of prosecution and enforcement, but a recent case highlights its willingness to take action. A Doncaster-based car scrappage firm, Motorhog Ltd, had been issued with a permit to depollute and bale end-of-life vehicles. Agency officers had visited the site,…

Crown Court Columns

The Data Protection Bill 2018: What It Could Mean for Your Business

The advent of a new data protection law may not, at first glance, feel like an interesting or especially urgent topic. Despite the apparent lack of glamour, there is plenty for businesses to digest. The Data Protection Bill is the Government’s way of ‘updating Data Protection laws for the digital age.’ Coming into force in…

Court Door

Case Study: Conspiracy to Defraud

The Regulatory Law team have secured a Not Guilty verdict in a complex case alleging Conspiracy to Defraud. The prosecution, which involved more than 10,000 pages of evidence, was brought by Flintshire Trading Standards against 9 defendants. Put simply, a conspiracy to defraud involves two or more persons agreeing to deceive another, intending to deprive…

Businessman at Desk

Model Behaviour: the Competition and Markets Authority and how it can affect your business

An open letter issued by the Competition and Markets Authority has served as a timely reminder of its powers and the consequences that can be felt when competition law is breached. The CMA refer to a recent case involving modelling agencies and their representative body, in which it was found that they had colluded as…

Crown Court Columns

What are Corporate Investigations- and How Do They Work?

Corporate Investigations by the Health and Safety Executive, Environment Agency, Police, HMRC, Serious Fraud Office or Trading Standards usually come out of the blue. Is your business prepared for a situation where a death, serious accident or fraud is being investigated? The decisions made in the aftermath of a serious incident are always important, not…

Gun and scope

How Many Shotgun and Firearms Licenses are Revoked?

This is a question that is asked regularly by certificate holders. We are now in possession of the most recent facts figures relating to shotgun and firearms certificates for the year ending March 31st 2015, 2015 being the anniversary of 20 years since the recording of such figures began. There are 1.8million shotgun and firearms certificates…

Financial Advisor

Financial Regulation: It Pays to be On the Ball

The BBC has recently reported on an interesting case involving the England and Newcastle United footballing legend Alan Shearer, which places the spotlight upon specialist advisors and their conduct. Mr Shearer brought a claim against his former financial advisor as well as a pension company, on the basis that the advisor had been ‘careless’ and…

Case Study – Health and Safety Prosecution

A recent case highlights the importance of compliance with the Construction Design Management Regulations and Health and Safety at Work Act, after a contractor was fined £600,000 when a worker died and two others were injured when a platform collapsed at a construction site. An investigation by the Health and Safety Executive (HSE) found a…